[UPDATED: Santa Cruz, CA, County Clerk/Registrar and Vice President of the CA Assoc. of Clerks and Election Officials (CACEO) Gail Pellerin saw our article just after it went up, and wrote to both thank us for covering it, and to express her outrage over the Governor's decision here. She points us to a letter sent by clerks to his office earlier this week, and also notes that "Military voters are definitely disenfranchised" by this move. See the UPDATE at the end of this article for more comments and detail from Pellerin. - BF ]

Governor Arnold Schwarzenegger is effectively disenfranchising at least 2,046 overseas California voters around the world, including military personnel stationed in combat zones in Iraq and Afghanistan by calling a special election for June 22, 2010.

Background: The Senate seat from California's Senate District 15 was recently vacated when Schwarzenegger's nominee, Abel Maldonado, was confirmed and sworn in as the new Lieutenant Governor. He was appointed as a replacement to the elected John Garamendi who was recently elected to the U.S. Congress in a special election filling the seat of Ellen Tauscher who had been appointed by the Obama administration to a post in the U.S. State Department.

Schwarzenegger set the date for the special election to fill Maldonado's Senate District 15 seat as June 22, 2010, virtually eliminating the ability of overseas voters to participate in the election.

While not directly violating the federal Military and Overseas Voter Empowerment Act (MOVE Act) signed into law October 28, 2009, he is most certainly violating it in spirit. The law was designed to ensure the rights of overseas civilians and deployed military personnel to participate in federal, state and local elections. For federal elections it requires ballots to be sent out 45 days prior to an election to allow the Department of Defense time to process those ballots. If a state requests a waiver they must do so 65 days before the election. The law was passed with a 45 day minimum requirement for a very good reason --- a reason that Schwarzenegger seems willing to ignore, unless he can be convinced to change the date of the election, and quickly...

The Pew Center Report categorized California as one of the states with, "time to vote, but with concerns. These are states where voters have time to vote but only if they submit their ballots via fax or e-mail. Transmitting completed ballots raises concerns about privacy and security. In these states, even if overseas military voters return submitted ballots via traditional mail, they will run out of time because of other factors in the states' process. The voters essentially must choose between potentially risking the privacy and security of their ballots [by returning them via fax or email] and being unable to complete the process in time."

The availability of fax or email are questionable for sailors serving aboard ship, military units in transit, families moving duty station and soldiers deployed in combat zones.

The Governor's edict for a June 22nd special election is likely to disenfranchise active duty military personnel of all ranks and all services. It may also serve to disenfranchise overseas voters representing the Department of State, Commerce, Department of Defense Dependent Schools (DODDS) teachers, administrators and any other California resident assigned overseas from a governmental, non-governmental or corporate entity.

Moreover, military families are traditionally the mail-backstop for military personnel deployed away from their duty stations. Mail moves from the continental United States (CONUS) US Postal System to military postal units and eventually unit mail rooms. Families collect and then forward the mail they think is important to their family members posted in restricted areas. When families are involved in permanent change of station (PCS) movements or are traveling to CONUS on vacation, they become extremely difficult targets to hit with time sensitive voting materials.

The period from Memorial Day to Labor Day is the traditional school break for military families worldwide and this period is also when the bulk of military families are reassigned and moved from base to base and country to country. In some cases, entire units' key and senior leaders are replaced and reassigned during this period as well. The bulk of voting officers are appointed from these key leaders.

Summer turbulence combined with the 45-day minimum cycle required by Department of Defense guidelines will ensure that a disproportionate and unnecessary number of military personnel overseas, military undergoing reassignment inside CONUS, military personnel already assigned overseas and those deployed in hostile fire and designated combat zones will not have time to vote in the election scheduled for June 22, 2010.

Even if ballots where fully printed up and then sent out from all five counties in Senate District 15 within 24 hours after the candidate filing deadline of May 10 --- a virtual impossibility to start with --- that would still leave only 43 days for the ballot to reach the voter and then make the return trip. There is plenty of evidence to show that absentee ballots sent overseas under normal circumstances require a minimum of 45 days and that's just transit time.

Imagine the problems with getting ballots into hostile fire or combat designated zones. Here in California, absentee ballots must reach each County Elections office by close of business on Election Day or they simply will not be counted. Postmark doesn't matter.

The earliest primary date to ensure even minimal participation by overseas, military-family and active duty military personnel would be best within 14 days after the greatest amount of military turbulence has subsided. This would be after the beginning of the new DODDS school year: approximately August 31, 2010. The exact school start dates depend on region (i.e., whether the school is located in CONUS, Japan or Europe). Military units will have also stabilized by then with key leaders in position and voting officers appointed.

That best date for the Special Election to fill the senate seat in SD 15 would be no earlier than August 31, 2010, leaving a full cycle to count votes, prepare sample ballots and the requisite 45 days to mail absentee ballots to both CONUS and overseas locations and have them returned and counted. This date would then leave enough time to process the special election primary results and then send out the final special election absentee ballots coinciding with the general election scheduled for November 3, 2010. As state law requires a special election to fill a vacancy to be called by the Governor within 180 days of the vacancy, a late August special primary election would be well within the law and allow military and overseas voters appropriate time to cast their ballots.

We attempted to receive comment from CA Secretary of State Debra Bowen on this matter, as she's been a steadfast proponent of voter enfranchisement. Her office has not yet replied to our phone or email queries to date.

Action: Contact the Governor's office at: 916-445-2841 or email him via this page. Please encourage Governor Schwarzenegger to rescind his original special election primary date and move it to August 31, 2010, with the special final election (if necessary) to coincide with the general election held this year on November 3, 2010. Moving the date will ensure that our military families and active duty military personnel have an equal opportunity to participate in the basic democratic process they are out there defending.

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UPDATE 3:00pm PT: Shortly after posting this article, we heard from Gail Pellerin, the Santa Cruz, CA County Clerk/Registrar of Voters and Vice President of the California Association of Clerks and Election Officials (CACEO) who saw it, and wrote to let us know of her own and other affected County Clerks' outrage over Schwarzenegger's special election dates.

"The 5 counties involved are outraged by the Governor's decision to call two separate elections costing taxpayers $6 million," she tells The BRAD BLOG. "Money counties do not have. And then of course the logistics are a nightmare. Military voters are definitely disenfranchised."

"I don't know what the Governor was thinking," she added in a follow-up note. "This is definitely the worst of the worse case scenarios."

UPDATE 5/13/10: Federal judge orders state to 'Show Cause' as to why special primary should not be postponed without pre-clearance under the Voting Rights Act from the Dept. of Justice. Details, court order, now here...

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Scott Dick has an MA from Columbia University and is a retired army officer with twenty years of service in both the Marine Corps and U.S. Army. He does political analysis everyday on the Scott Dick Show heard on KRXA 540am in Monterey, CA.

it certainly seems to me that 43 days is enough time for the ballast water and come back. You can send a letter to someone in Europe from here and have it reach there in a three days. this is the year 2010 in America. If this can't be done then we shouldn't even try to tackle immigration or other problems

The three-day letter to Europe is not my experience. If it were, the MOVE Act would have been unnecessary. Shiva, you don't realize that all US military mail has to go through customs, etc., etc. Not only that - it has to be distributed to postal codes, then to specific numbered units. Mail has priority, but it's only as fast as the unit mail clerks. The law mandating 45 days for Federal elections takes all of these factors into account.
What does this have to do with immigration reform?
It's obvious that our soldiers will be disenfranchised - what is it about this people don't understand?

In 2004, things were even worse. Early exit polls had Bush losing Ohio and North Carolina and dead even in Florida, Arizona, Colorado, South Carolina and Mississippi --- all states where he prevailed. Again, the polls affected the coverage, with the media reluctant to award Ohio to Bush, though he won it by nearly 120,000 votes.

Ohio! OHIO! Or should we say Tennessee, at the SmarTech, Inc offices?

Why does the liberal media keep giving this vile piece of filth a platform???

the last thing the cali gov wants is the election date to coinside with the regular election date in nov because he doesnt want the librals that will come out in droves ovr the mj question influencing these seats...the cali numbers in nov are gonna move around like elvis hips...lol...seriously tho i hope the mj peops are counting precincts now because "conservative" strongholds will be very inflated

and dont worry about the soldiers being disenfranchised...the machines will vote for them
(i know i have a morbid sense of humor but better to laugh than cry)

This election, it is important to note, is a State election. The State is not in violation of the MOVE Act which requires the 45day ballot transit time in advance for FEDERAL office. Federal offices includes President, US Senate, and US House of Representatives.

Generally, ballots in California are mailed out 60 days in advance of elections for Federal office. Also, to help the military and overseas voters, California allows you to receive the ballot by fax if you are overseas. And if you are overseas, California allows you to return the ballot by fax.

While we recognize that military and overseas voters could be disenfranchised in this State special election, California is not in violation of the MOVE Act which you quoted.

To find out more on how California is doing Federally for military and overseas voters and how military and overseas voters can vote absentee, go to www.fvap.gov.

Why is it that the Government Agency that looks after military and overseas voting can't bother to read what I wrote? The piece says Schwarzenegger is not violating the MOVE act. The FVAP commenter then writes California can send out ballots 60 days in advance. Really? How do you send out ballots for an election BEFORE the candidate filing period closes. 60 days before would have been April 22. the filing period closes May 10. I would say fvap is really on the ball here. Good catch fvap. I guess all 5 county clerks that said troops would be disenfranchised were wrong. I wrote the Gov is violating the law in spirit and he is doing it for no good reason.

KarenfromIllinois ~ Ahh! I think you've nailed it. I was wondering why the criminal timing and that makes perfect sense.

You're right about the mj people here in CA, too...who I...frequently run into.They SHOULD be made aware of what kind of shift they're up against here - yes, an 'Elvis-esque vessel of shimmee' comin' their way.

Oh God. Am I gonna have to start leaning on (all my) local dispensaries buzzers and chew their ear off about how to fight electioneering?...

I find it fascinating that a government agency pop's out of the blue
and starts attempting to set the record straight. (maybe they got the
flowchart script from the USAF eh?)

Seems no official in government can do math correctly or uphold his or
her oath anymore. Which is why they need to be challenged the moment
the lies come out of their god damn mouths.

Just for kicks I wanted to know how long fvap.gov even existed.
(Hell, I never heard of them and I am a veteran, and I have also been
active in voting integrity since around 2004. As anyone here KNOWS.)

Try doing a WHOIS on www.fvap.gov (to see how long their website has
existed. good luck with that..it's probably a state secret) Judging by
their little "Page Last Updated On" at the bottom of each page I can
only assume (ASS-U-ME) around 2008 . Which makes them 2-3 years old
while we are 6 or more years old. They have some catching up to do if
they care about integrity. Is this relevant? MAYBE.

Seemingly, if we now have the government agency fvap's attention,
(unless the poster is spoofing, and my BS detector does not think it
is) perhaps they can explain why allowing electronic vote tabulation
devices aren't a national security problem?

I mean even the pentagon can't trust the doping process of off the
shelf chips, and certainly there was no oversight of the doping
process of any of these fucking chips stuffed into these overpriced
boxen, any kind of malicious logic could be in these semiconductors
which are being used to create electronic vote tabulation devices.

But worse than that, the physics of electronics, specifically that
electricity is invisible to humans. (Sparing the details which I have
posted a fucking million times on the web)

In a nutshell electronic devices and the signals representing votes
break the public/human/oversight chain of custody of ballots while
being tabulated (counted.) If it was a paper ballot being counted the
public can watch as they go into a CAN, BIN, MINI VAULT and physically
see the paper is IN there.

NOT SO WITH ELECTRONIC SIGNALS. For all you, I, the President, or GOD
know some fucking terrorist could be deciding our elections!!!

So what is tabulated by a device consisting of components which have
no oversight (not to mention FAIL for no reason except sometimes
electronics just burn up and fail-I doubt there was even thermal
considerations in the southern states) are being used in our
elections?

While certainly if one was to give up transparency, one could trust
such devices, (my long standing example is NASA to SPACE STATION radio
voting, and I can see that could be applied to the military --- I
guess, if the soldier wants to give up transparency.) But United
States Citizens are NOT soldiers. Therefore our elections specifically
call for transparency because in historic terms if the powers that be
know what you voted for, they could target and kill you.

(Side note: not to sound like the Unibomber Manifesto, but it sure
seems like electronics and technology are being maliciously exploited
everywhere now. Monetary system, Tazers, Microwave pain devices,
Spying on Communications, and of course my number 1 pet peeve
ELECTIONS.

I have to say, it's in everyone's best interest, to cut the crap and
tampering with our elections, before this country is completely
destroyed by internal corruption.

Just look at what's happened to the Constitution in 12 years. Before -
After WHO THE FUCK SCREWED THE POOCH!?

The US wouldn't be in the fucking middle east, if elections weren't
tampered with!!!

Voting is the ROOT of all the problems we have. ALL OF THEM.

In conjunction with the near complete corporate owned public spectrum
being abused to destroy candidates before they even get on the ballot.
(Corporate media drives the (D) vs (R) nonsense)

ENOUGH IS ENOUGH OF THIS CATCH 22 HORSE CRAP.

Look fvap. When corruption occurs in our elections, it is not dealt
with. It allows oath breakers to assume official office. They won't be
removed from office, if later it's found they DIDN'T WIN THE ELECTION.
Which in turn, allows more oath breakers in. Now we are fucking
literally at the point where oath breakers are using fucking state
secrets to hide crimes and corruption. At the same time the
unconstitutional legislation these oath breaking termites leave behind
never is repaired or rolled back. They now literally use TIME as a
weapon. Time as in timing. timing of bills, timing of law, timing of
elections, timing of procedures, processes, and on and on.

If the goal is to completely destroy America, no terrorist could do a
better job the these termites who sold out.

At this point folks who point out the truth (LIKE MOST OF US HERE) are
now being targeted, being labeled home grown terrorists, a continuous
threat of gun grabbers systematically removing the 2nd Amendment. And
with the monetary system mathematically about to collapse, it's not a
conspiracy to think NORTHCOM could be rolling in the streets or
dropping 500 to 2K bombs from the sky. Even Lasers I see now. Cut
right through it all. It's time to wake up. You can serve all your
life, but eventually you MUST retire, and when you do, you will be as
powerless as me. (Actually by then it will be much worse!)

What next, Son and Daughter to roll in the streets with a military
ID+M16, against Mom and Dad who have been raped by the banksters who
officials won't send COPS after? Come on. Theres nothing god damn
secret about MONEY.

I also suggest your agency's mission has failed. As Scott Dick so
cleverly pointed out with 5th grade math. Frankly on top of that your
agency is apparently incapable of keeping tabs on all the plethora of
nonsense each State's election laws consist of.

And I would agree it's nonsense. We need ONE national standard.
One that doesn't depend on software, hardware, or electricity, but
Humans with sunshine. Think. If one city was nuked, humans can count
the ballots. Or what's left of the ballots. Humans can pass the
results FACE to FACE. (Not on a PHONE! Not via MODEM!) Btw who is
watching all the infrastructure, vaults, twisted pairs and power polls
which hold all this nonsense together. YOU CAN NOT PROTECT IT.

And to add the final spin.

Since we now know the NSA has fios splitters, why couldn't they use
that to change the results of our elections, from a (very low amount
of) time shifted man in the middle attack. I'll bet a state secret
stops you from answering!!!

Now with all that RANT said.
I do understand your trying to expedite voting for our veterans.
That's freaking commendable. Let's just keep all forms and
possibilities of CORRUPTION out. Certainly your sworn oath would
agree? yes.

I suggest a new oath. By Coincidence I just suggested it to Debra
Bowen Last Night!! So your getting NEW stuff. New Ideas.

Hello Debra Bowen,

Tuesday, May 4, 2010, 11:24:18 AM, you wrote:

> I am dedicated to ensuring that all voting systems approved for use
> in California are secure, reliable, and accurate.

Just swear an oath saying, "You are dedicated to OUTLAWING all
electronic vote tabulation devices and electronic poll books and
instead using an (public NOT COP based) unbroken human chain of
custody until every vote is counted."

Since no matter what electronic vote tabulation device or electronic
poll book is approved it will NEVER BE SECURE.

History will show indeed these devices are a broken chain of custody
which humans can not see and MUST BE OUTLAWED because no matter what
form or arrangement of the components or parts used, or complete
oversight of the doping process of EACH semiconductor, it will NEVER
BE SECURE.

FVAP read what you wrote and was very concerned for the voters and the public that reads your posts. Because, to the lay person, your blog may not have been clear, we took the chance to simply state some of the facts. We hope that in the future we can be a reference for you to use. FVAP works very hard to ensure at the Federal level military and overseas voters are given every opportunity to vote in elections and have those votes counted.

To answer some of Mr. Phill's questions or points, we know people do not know about FVAP. FVAP is a very small organization within the DoD but works tirelessly to TRY and get the word out.

In 1988, President Reagan issued Executive Order 12642 designating the Secretary of Defense as his agent to implement the provisions of the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) and to discharge the Federal functions required by the Act. The Under Secretary for Personnel and Readiness is responsible for administering the Federal Voting Assistance Program for the Secretary.

However, I would agree that FVAP is relatively young. The law is old, but FVAP is young.

FVAP works to address all federal elections and issues that may exist (like ballots being sent out too late or not being counted for a miscellaneous reason). FVAP works with DOJ on this issue regularly to fight this battle. But like you pointed out, we are government and therefore we are limited in how fast and what we can do.

Also, problems have occurred along the way in the overall program, and FVAP is working to address each these. One huge problem we know we've had is the message actually reaching all 6million military and overseas citizens. It wasn't until 2008 that we completely redesigned our website to be user friendly and more coherent (previously, we admit, it was awful).

However, since the arrival of the new director, Bob Carey (who was the biggest critic of FVAP before coming here http://www.fvap.gov/global/director.html, in 2009, FVAP has taken huge steps to address these problems of outreach and education. If you have any suggestions on this, please let us know. We are working with social networking and communications firms to improve our reach.

I sincerely hope you both will consider keeping in touch with us and alerting us to issues in voting for military and overseas citizens. We want to know. Your blog does help.

FVAP is here to inform and educate on the absentee voting process, and by doing so, we hope to increase not only participation but also success of registration processing and ballots returned being counted.